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J. J. MUNIR
Sarvesh Kumar Srivastava – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
J.J. Munir, J.
1. The petitioner, Sarvesh Kumar Srivastava, has instituted the present writ petition challenging the order dated 24.12.2019 passed by the Chairman, Regional Authority Administrative Committee, Azamgarh Division, Azamgarh/Deputy Commissioner & Deputy Registrar (for short, 'the Disciplinary Authority'), dismissing the petitioner, a Cooperative Supervisor, from service after disciplinary proceedings. A recovery of the entire sum of money paid to the petitioner in salary from the date of his appointment till his dismissal has also been ordered by the Disciplinary Authority. Also under challenge is an appellate order dated 30.8.2023 made by the Member Secretary, State Level Authority Committee, Cooperative Federation Authority, Lucknow (for short, 'the Appellate Authority').
2. The petitioner's case is that his father, the late Ram Chandra Lal, was a Kaamgar, employed under the U.P. Cooperative Union. He died in harness on 7.1.1992. The record seems to show that the petitioner's father was in fact employed as a Cooperative Inspector. The petitioner was solely dependent on his deceased father for sustenance. Consequent upon his demise, the petitioner applied for g
A disciplinary inquiry must follow procedural fairness, including the establishment's burden to prove charges through evidence, especially when major penalties are at stake.
A fair inquiry process is essential in disciplinary proceedings, and failure to adhere to procedural requirements can invalidate dismissal orders.
Disciplinary proceedings must adhere to principles of natural justice, including proper notice and opportunity for defense, especially when imposing major penalties.
In cases involving the imposition of a major penalty, the establishment must prove charges by examining evidence, particularly witnesses, and adhere to the principles of natural justice in the domest....
In disciplinary proceedings involving major penalties, the burden of proof lies with the establishment to substantiate charges through a fair inquiry process that includes the presentation of evidenc....
The inquiry process for major penalties must adhere to principles of natural justice, requiring evidence from the Establishment and proper notice to the accused.
The failure to conduct a proper inquiry in disciplinary proceedings violates principles of natural justice, leading to invalidation of dismissal orders.
(1) Dismissal – [Departmental charge-sheet is not a plaint that an evasive reply thereto may amount to admission – In a departmental enquiry, unless charge is admitted, burden to prove charge lies on....
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